Western Cape government backs Law Society plan for public to get free wills drafted

National Wills Weeks (NWW) is an initiative organised by the Law Society of South Africa (LSSA) every year between September 11 and 15.

National Wills Weeks (NWW) is an initiative organised by the Law Society of South Africa (LSSA) every year between September 11 and 15.

Published Sep 11, 2023

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Cape Town - In commemoration of National Wills Week, South African-based lawyer firms across the country are channelling their goodwill by extending part of their services to the public free of charge.

National Wills Weeks (NWW) is an initiative organised by the Law Society of South Africa (LSSA) every year between September 11 and 15. Since its inception, the week-long event has allowed members of the general public to have their basic wills drafted by qualified and experienced attorneys.

This year, in line with the objective of NWW, the Western Cape government has also added its voice, calling on the general public to make use of the week-long event.

The provincial government’s Department of Infrastructure at the weekend made a call to all its housing beneficiaries to seize the opportunity and have their wills drafted.

According to the department, over time it had been noted that in many cases the transition of property ownership following the passing of a housing beneficiary can be a complex and emotional process, often leading to disputes among family members.

The department said it had chosen to utilise NWW to promote clarity and empower its housing beneficiaries.

Western Cape Department infrastructure head Jacqueline Gooch said having a legally drafted will was not merely a formality, but an essential step to ensuring that the wishes and intentions of housing beneficiaries were respected.

She said: “In the absence of a will, the beneficiary’s home and any assets are distributed by the Interstate Succession Act.”

Gooch said the public should be aware that the department legally cannot get involved in the allocation of a house should the recipient pass, with or without a will.

“Following the initial handover, a house becomes the personal property and asset of the housing beneficiary,” she said.

“The onus is therefore on the recipient to indicate ownership of their house in the event of their death. A valid Will guarantees that your loved ones have no delays and conflicts concerning your wishes for your house when you pass away.”

The Department also shared that while the public can draft their own will, it is advisable to get assistance from an attorney or financial adviser.

Western Cape Infrastructure MEC Tertuis Simmers said: “The security of tenure remains a priority of the Western Cape government. Thus, educating our citizens on the significance of a will is an absolute necessity. I am encouraging our citizens to take advantage of this opportunity presented by the Law Society of South Africa.”

For more information and assistance, the public can contact the Law Society of South Africa on 012 366 8800 or email [email protected] for a list of Western Cape Attorneys participating in National Wills Week 2023.

Alternatively, please visit https://www.lssa.org.za/our-initiatives/advocacy/national-wills-week/western-cape-attorneys-participating-in-the-lssa-national-wills-week-2023/

Cape Argus